Question
Legal Studies Question on Criminal Law
Which of the following is not true of an order discharging an accused in the absence of the complainant?
A
A Magistrate before discharging the accused must apply his mind to the evidence in the case.
B
A Magistrate discharging the accused can review his order.
C
A complainant can file a fresh complainant against the same accused on the same facts.
D
A Magistrate may discharge an accused on absence of complainant if the offence is not a cognizable offence.
Answer
A Magistrate before discharging the accused must apply his mind to the evidence in the case.
Explanation
Solution
The correct option is (A):A Magistrate before discharging the accused must apply his mind to the evidence in the case. .